Navigating Unreasonable Accommodation Requests in Property Management

Property management professionals are dedicated to ensuring equal housing opportunities, which includes accommodating the diverse needs of residents. A key component of this commitment is understanding and responding to requests for reasonable accommodations and modifications. However, this raises the question: How do property management companies navigate unreasonable accommodation requests?

UNDERSTANDING UNREASONABLE ACCOMMODATION REQUESTS
There are two situations in which an accommodation request is deemed unreasonable. First, if it imposes an undue financial burden on the property. Secondly, if it requires a fundamental
alteration of your program or services. Let’s break down these two different criteria to better understand the implications as well as the best practices to employ when faced with such situations.

Property management professionals are dedicated to ensuring equal housing opportunities, which includes accommodating the diverse needs of residents. A key component of this commitment is understanding and responding to requests for reasonable accommodations and modifications. However, this raises the question: How do property management companies navigate unreasonable accommodation requests?

UNDUE FINANCIAL BURDEN
A request may pose an undue financial burden if it incurs excessive costs relative to the property’s resources. For example, a resident with a disability requests a comprehensive renovation of their apartment unit to make it fully accessible. This includes widening all doorways for wheelchair access, installing a roll-in shower, lowering all countertops and cabinets, and adding specialized accessibility equipment throughout the unit. This request, which involves significant structural changes, can be prohibitively expensive and
may even affect surrounding units. The response depends firstly on the property type. As we know, modifications are paid by the property if it is federally funded or subsidized, whereas the cost would be the responsibility of the resident in a conventional property. Also, the financial capacity of the property management company would come into play. If denying a request for
financial reasons, property managers must be prepared to substantiate the financial burden, a process more challenging for larger companies or properties given their greater access to resources.

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FUNDAMENTAL ALTERATION OF THE PROGRAM
A fundamental alteration to a property’s program is when a request would require a property to provide services outside its existing scope. For example, a resident with a disability requests that the property management company provide on-demand personal assistance services. This includes tasks like cleaning and assistance with getting to and from their parking area. In general, a request like this goes beyond typical property management responsibilities, making
it a fundamental alteration to its program or services offered.

ONE-SIZE DOES NOT FIT ALL
These types of requests may seem to set a particular precedent in the minds of housing providers. But caution is needed. Each request should be evaluated separately and carefully and shouldn’t be arbitrarily denied. Ensure that you are working well within the realms of federal, state, and local laws. If you are unsure, then consulting with a fair housing attorney is always a best practice.

DENYING A REQUEST – THE NEED FOR DOCUMENTATION
Even if a request is deemed unreasonable, it’s crucial to engage in an interactive process with the resident to explore alternative solutions. Documentation of steps taken is imperative. An interactive process can take on many forms but generally includes discussing alternatives to the request to see if a resolution can be achieved. Alternatives usually include moving to another unit or help acquiring additional assistance. Whatever a property chooses to do, they should document their attempts to work with the resident should their actions ever be called
into question.

UNREASONABLE ACCOMMODATION REQUESTS – KEY TAKEAWAYS
While property managers are committed to accommodating the needs of residents, requests requiring extensive and costly renovations that can pose an undue financial burden or a request that would require a property to provide services outside its existing scope may prove to be unreasonable. That being said, when dealing with accommodation requests—whether
reasonable or unreasonable—clear policies and procedures are a must. Treat each one with individual consideration and be sure to communicate each step of the process with the resident making the request. And of course, careful documentation and ongoing training should be part of every company’s requirements.

Provided by Kathelene Williams, The Fair Housing Institute

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